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Decree No. 2009 - 1653 Of 23 December 2009 Amending Decree No. 2002-50 Of 10 January 2002 On The Conditions Of Access And Training Regimes At The National School Of Administration

Original Language Title: Décret n° 2009-1653 du 23 décembre 2009 modifiant le décret n° 2002-50 du 10 janvier 2002 relatif aux conditions d'accès et aux régimes de formation à l'Ecole nationale d'administration

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Summary

Amendment of art. 3, 5, 5 bis, 9, 11, 12, 15, 16, 19, 21, 23, 25, 27, 29, 30, 32, 36, 38, 44, 45; adding an art. 44 bis; repeal of art. 4, 11, 14 and 18 of the decree.
Amendment of Art. 3 of Decree 45-2291.

Keywords

BUDGET , PUBLIC FUNCTION OF ETAT , CENTRAL ADMINISTRATION , NATIONAL ADMINISTRATION , ENA , CONDITION OF ACCES , CONCOURS OF , EXTERNAL CONCOURS , INTERNAL CONCOURS ,


JORF no.0300 of 27 December 2009
text No. 34



Decree No. 2009-1653 of 23 December 2009 amending Decree No. 2002-50 of 10 January 2002 on conditions of access and training regimes at the National School of Administration

NOR: BCFF0924731D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/12/23/BCFF0924731D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/12/23/2009-1653/jo/texte


The Prime Minister,
On the report of the Minister of Budget, Public Accounts, Public Service and State Reform,
See?Order No. 45-2283 of 9 October 1945 amended on training, recruitment and status of selected categories of staff;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 90-8 of 2 January 1990 relating to the creation of a third entrance competition at the National School of Administration;
Vu le Decree No. 45-2291 of 9 October 1945 regulations of public administration for the application ofarticle 12 of Order No. 45-2283 of 9 October 1945 relating to statutory provisions common to officials belonging to the bodies and services to which the National School of Administration is located;
Vu le Decree No. 2002-50 of 10 January 2002 relating to access conditions and training regimes at the National School of Administration;
Vu le Decree No. 2007-196 of 13 February 2007 relating to the equivalences of diplomas required to present themselves to the public service access competitions and employment frameworks;
Considering the opinion of the Supreme Council of the State Civil Service of 5 October 2009;
The State Council (Section of Administration) heard,
Decrete:

  • CHAPTER 1: PROVISIONS MODIFIING REGULATIONS RELATING TO ENTRE CONCOURS Article 1 Learn more about this article...


    The second, third and fourth paragraphs of Article 3 of the above-mentioned Decree of 10 January 2002 are deleted.

    Article 2 Learn more about this article...


    Section 4 of the same Order is repealed.

    Article 3 Learn more about this article...


    In the third and fourth paragraphs of Article 5 of the same decree are added after the word: "fourteen" the words "to seventeen".
    In the fifth paragraph, the word "8" is replaced by the word "12".

    Article 4 Learn more about this article...


    In article 5 bis of the same decree, the words "except in the case of foreign language tests" are added: "and optional materials".

    Article 5 Learn more about this article...


    Article 9 of the same decree is replaced by the following provisions:
    "Art. 9.-The external competition is open to candidates with a national degree sanctioning at least three years of higher education or another title or diploma classified at least level II, or a qualification recognized at least equivalent to one of these titles or diplomas under the conditions fixed by Decree No. 2007-196 of 13 February 2007 on the equivalents of diplomas required to compete in the examinations of access to the bodies and »

    Article 6 Learn more about this article...


    Article 11 of the same decree is repealed.

    Article 7 Learn more about this article...


    Article 12 of the same decree is replaced by the following provisions:
    "Art. 12.-The external competition includes eligibility tests and admission tests whose nature, duration, coefficients, program of materials and organizational arrangements are determined by order of the Minister for the Public Service. »

    Article 8 Learn more about this article...


    Section 14 of the same Order is repealed.

    Article 9 Learn more about this article...


    Article 15 of the same decree is replaced by the following provisions:
    "Art. 15.-The internal competition is open to officials and officials of the State, the territorial authorities and public institutions that depend on it, including those referred to in Article 2 of Act No. 86-33 of 9 January 1986, bearing statutory provisions relating to the public hospital service, as well as to the military and magistrates who, on the date of closing of the registrations, are in a position of activity, detachment or parental leave, as well as Applicants must justify, as of December 31 of the year of the competition, at least four years of public service.
    For the purpose of determining this duration, no consideration shall be given to internship or training periods in a school or institution opening access to a public service body or employment framework. »

    Article 10 Learn more about this article...


    Article 16 of the same decree is replaced by the following provisions:
    "Art. 16.-The internal competition includes eligibility tests and admission tests whose nature, duration, coefficients, program of materials and organizational arrangements are determined by order of the Minister for the Public Service. »

    Article 11 Learn more about this article...


    Article 18 of the same decree is repealed.

    Article 12 Learn more about this article...


    Article 19 of the same decree is replaced by the following provisions:
    "Art. 19.-The third contest is open to candidates justifying on December 31 of the year of the competition, for at least eight years in total, one or more of the mandates or one or more of the activities defined in the 3rd of section 19 of the law of January 11, 1984 referred to above.
    The periods during which the exercise of several activities and mandates has been concurrent are taken into account only in one capacity. »

    Article 13 Learn more about this article...


    Article 21 of the same decree is replaced by the following provisions:
    "Art. 21.-The third competition includes eligibility tests and admission tests, the nature, duration, coefficients, program of materials and organizational arrangements are fixed by order of the Minister for the Public Service. »

  • CHAPTER 2: PROVISIONS MODIFIING REGULATIONS RELATING TO PREPARATIONS TO THE CONCOURS Article 14 Learn more about this article...


    Article 23 of the same decree is replaced by the following provisions:
    "Art. 23.-A direct preparation for the external competition is organized so as to ensure, to the extent possible, equal opportunities between candidates regardless of their place of residence, in higher education institutions or existing public centres. It may give rise to a financial participation of the National School of Administration in accordance with the terms set by agreement between the agency concerned and the National School of Administration.
    It can also be carried out directly by the National School of Administration.
    The conditions for access to this preparation, when organized by the National School of Administration, are set by order of the Minister for Public Service. »

    Article 15 Learn more about this article...


    Article 25 of the same decree is replaced by the following provisions:
    "Art. 25.-Appeals to the preparatory cycle access tests must present the conditions of service seniority enabling them to meet the obligations set out in the first paragraph of Article 15. They are divided into two categories: the first includes candidates with a degree, title or qualification provided for in section 9 above; the second includes candidates who do not hold one of these degrees, title or qualification.
    Applicants must be active on the closing date of registration and remain active until they enter the preparatory cycle.
    The list of candidates admitted to participate in the preparatory cycle access tests is determined by decision of the school director. »

    Article 16 Learn more about this article...


    The third paragraph of Article 27 of the Decree is replaced by the following provisions:
    "These events are organized every year. The conditions for the registration of the tests and the dates on which they take place are set by decision of the school director. »

    Article 17 Learn more about this article...


    Article 29 of the same decree is replaced by the following provisions:
    "Art. 29.-An order of the Minister for Public Service sets out annually the number of places offered in the preparatory cycle for each of the two categories provided for in section 25. The total number of places offered is at least three times the number of places offered at the previous session of the internal competition to the National School of Administration by the Order of the Minister for Public Service under section 2.
    At the end of these trials, each of the two jury members shall establish, in alphabetical order, the list of candidates admitted to the preparatory cycle in each of the two categories. If applicable, it may decide to increase the number of candidates admitted, within 10% of this number, of the number of places left vacant after the results of the other category or the preparation cycle for the third competition.
    Each jury draws a supplementary list, in order of merit, including the names of candidates who may be admitted to the preparatory cycle in the event that a holiday would occur. »

    Article 18 Learn more about this article...


    The fourth paragraph of Article 30 of the Decree is replaced by the following provisions:
    "On the proposal of the authorities with the pedagogical responsibility of the training centre concerned, the Minister for the Public Service may terminate the period of study of any trainee in the preparatory cycle who would not join the preparation centre assigned to him or who would not demonstrate sufficient attendance. This decision, taken by order, must be notified to the individual at least one month before the action takes effect. »

    Article 19 Learn more about this article...


    Article 32 of the same decree is replaced by the following provisions:
    "The costs of the preparatory cycle can result in NAFTA's financial participation. This cycle is organized in higher education institutions or in existing or established centres for this purpose by agreement with the school. »

    Rule 20 Learn more about this article...


    Article 36 of the same decree is replaced by the following provisions:
    "Art. 36.-Appeals to the test of access to the preparation cycle shall, as of 1 July prior to the commencement date of this cycle, meet the conditions set out in section 19 above and the conditions set out in sections 5 and 5 bis of the law of 13 July 1983 referred to above.
    Participation in the preparation cycle is not considered to be a professional activity within the meaning of Article 19 of the Act of 11 January 1984 referred to above.
    The list of candidates admitted to participate in the preparation cycle access test is set by decision of the school director. »

    Article 21 Learn more about this article...


    Article 38 of the same decree is replaced by the following provisions:
    "Art. 38.-The terms and conditions for the organization of the selection shall be determined by order of the Minister for the Public Service.
    At the end of the selection, the jury shall determine, in alphabetical order, within the limits of the places offered, the list of candidates admitted to the preparation cycle. If applicable, it may decide to increase the number of candidates admitted, within 10% of this number, of the number of places left vacant following the results of the two categories of the preparatory cycle for the internal competition.
    The jury draws a supplementary list, in order of merit, including the names of candidates who may be admitted to the preparation cycle in the event that a holiday would occur.
    No one can present himself more than three times to the preparation cycle access tests. »

    Article 22 Learn more about this article...


    Article 44 of the same decree is replaced by the following provisions:
    "Art. 44.-The expenses of the preparation cycle may result in a financial participation of the National School of Administration. This cycle is organized in higher education institutions as well as in existing or established centres for this purpose by convention passed by the school with these institutions and centres. »

    Article 23 Learn more about this article...


    After Article 44 of the same Decree, a chapter IV is added to this title:
    “Chapter IV. - Common arrangements for the preparation centres. »

    Article 24 Learn more about this article...


    In chapter IV, an article 44 bis is added as follows:
    "Art. 44 bis. - The Director prepares each year a list of the preparation centres with which he passes a convention. »

  • CHAPTER 3: OTHER AND TRANSITIONAL PROVISIONS Rule 25 Learn more about this article...


    Article 45 of the same decree is amended as follows:
    1° In the second paragraph, the second sentence is deleted;
    2° In the third paragraph, the second sentence is deleted;
    3° The fourth preambular paragraph is replaced by the following:
    "Each student enjoys, in the course of schooling, personalised balance sheets allowing him to develop his professional project. These balance sheets and the information they contain are intended for the student. It is only able to ensure total or partial communication. »

    Rule 26 Learn more about this article...


    The fifth paragraph of Article 3 of Decree No. 45-2291 of 9 October 1945 referred to above is supplemented by the following sentence:
    "This allowance is reduced by 20% each year after the fifth year. »

    Rule 27 Learn more about this article...


    This Order applies to students commencing their schooling on or after January 1, 2010 and to trainees of preparatory cycles beginning on November 1, 2010.

    Rule 28 Learn more about this article...


    The Minister of Budget, Public Accounts, Public Service and State Reform is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, December 23, 2009.


François Fillon


By the Prime Minister:


Minister of Budget, Public Accounts,

Civil Service

and state reform,

Eric Woerth


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